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| Wednesday, Jul. 23, 2008 |
For divorcing couples who meet certain eligibility requirements in their state (usually having no children and minimal property/assets), a streamlined divorce process called "summary" or "simple" divorce (or dissolution) may be an option. Following is a discussion of the advantages of the summary divorce process, and the typical eligibility requirements couples must meet in order to take advantage of summary divorce.
The "summary" divorce or dissolution process is a more simplified (and usually faster) method of legally ending a marriage. Specifically, when compared to the formal divorce process, summary divorce/dissolution will almost always involve:
Less paperwork (i.e. court filings and written agreements);
Fewer court appearances; some states require only submission of certain documents to the court, including a completed "petition for divorce/dissolution" signed by both parties;
Less time devoted to back-and-forth negotiations, as most states require no dispute (or early resolution) in matters such as property division.
Most states offer some form of "summary" divorce to couples meeting certain eligibility standards. Though these requirements will vary from state to state, they typically include:
In some states, even if a couple does have children and/or significant marital assets (property, bank accounts, stocks, etc.), the couple may still be able to take advantage of the summary divorce/dissolution process if, as part of the divorce filings, they submit written proof to the court that they have resolved key issues. For example, a couple seeking a summary dissolution may reach an agreement in writing on an acceptable property division, promise to give up any right to spousal support, and agree on a set sum for child support. The couple would submit these written agreements as part of the summary divorce petition.
To get an idea of what a summary divorce court filing (often called a "petition") looks like, click here to view a sample Joint Petition for Simplified Divorce. You can also click on the links below, which will take you to a few state-specific samples of blank-form summary divorce decrees:
California: Joint Petition for Summary Dissolution of Marriage [PDF] (from the California Courts)
Minnesota: Joint Petition for Summary Dissolution of Marriage [PDF] (from the Minnesota Judicial Branch)
Nebraska: Decree of Dissolution of Marriage [PDF] (from the Nebraska Judicial Branch)